SECTION 355.100. Definitions

The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise.

(1) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed or otherwise authorized to provide mental health services under the statutes listed in paragraph (21) of this section and who is qualified by training to conduct all required elements of a behavioral health assessment. At a minimum, a behavioral health assessment must include the following elements:

(A) clinical interview;

(B) psycho-social evaluation, including a history of traumatic events, to include:

(i) family history;

(ii) community/living environment;

(iii) peer relationships; and

(iv) academic/vocational history;

(C) review of the following files and associated records in the possession of the juvenile probation department:

(i) juvenile probation records;

(ii) mental health records;

(iii) medical records;

(iv) previous mental health testing records; and

(v) educational records;

(D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;

(E) psychometric testing, to include:

(i) achievement assessment, only if there is no record of an achievement assessment within the last three years;

(ii) personality assessment, only if there is no record of a personality assessment within the last three years;

(iii) intellectual assessment, only if:

(I) there is no record of an intellectual assessment within the last three years; or

(II) a new intellectual assessment is indicated by:

(-a-) pervasive use of drugs known to impair thought processes;

(-b-) traumatic brain injury;

(-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or

(-d-) obvious impairment in cognitive or interpersonal functioning; and

(F) review of risks, strengths, and recommendations for intervention.

(2) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.

(3) Contraband--Any item not issued to employees for the performance of their duties and that employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual that a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:

(A) firearms;

(B) knives;

(C) ammunition;

(D) drugs;

(E) intoxicants;

(F) pornography; and

(G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of a resident, or family members of a resident.

(4) Date and Time of Admission--The date and time a juvenile was admitted into a non-secure correctional facility.

(5) Disciplinary Restriction--The removal of a resident from other residents for behavior modification and the placement of the resident alone for 90 minutes or less.

(6) Disciplinary Separation--The removal of a resident from program activities or other residents for 24 hours or less because of a major rule violation or an imminent physical threat to self or others.

(7) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.

(8) Facility Staff--All full-time, part-time, temporary, and seasonal staff who are employed or contracted to perform facility-related duties.

(9) Governing Board--A governmental unit (typically a juvenile board) or a board of trustees appointed by the governmental unit that establishes and operates or contracts for the establishment and operation of the facility. The governing board for the facility must provide oversight of facility operations, policies, and procedures.

(10) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death.

(11) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.

(12) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical assistants, emergency medical technicians, and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients.

(13) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.

(14) Housing Area--An area within the non-secure correctional facility that contains residents.

(15) Housing Unit--A unit within the housing area that may be designed and constructed as either a single-occupancy housing unit (SOHU) or a multiple-occupancy housing unit (MOHU).

(16) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication or post-adjudication secure facility into a non-secure correctional facility under the same administrative authority.

(17) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.

(18) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a:

(A) juvenile justice facility; or

(B) juvenile justice alternative education program operated by a department that also operates a juvenile justice facility.

(19) Medical Separation--The removal of a resident from program activities or other residents for medical purposes in accordance with §355.524 of this title.

(20) Medical Treatment--Medical care and diagnostic testing (e.g., x-rays, laboratory testing) performed or ordered by a physician, advanced practice registered nurse, or physician assistant or performed by an emergency medical technician, paramedic, registered nurse (RN), or licensed vocational nurse (LVN) according to their respective licensure.

(21) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services under the following subtitles or chapters of the Texas Occupations Code:

(A) Chapter 110 (sex offender treatment providers);

(B) Subtitle B (physicians);

(C) Subtitle E (limited to nurse practitioners or clinical nurse specialists who are authorized to practice and hold title in the psychiatric/mental health category as provided in 22 TAC Chapter 221); or

(D) Subtitle I (psychologists, marriage and family therapists, licensed professional counselors, chemical dependency counselors, and social workers).

(22) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.

(23) Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping.

(24) Non-Program Hours--The time period when the facility's scheduled resident activity has ceased for the day.

(25) Non-Secure Correctional Facility (Facility)--Any public or private residential facility operated solely or partly by or under contract with a juvenile board or governing board in which the construction fixtures, hardware, staffing models, and procedures do not restrict the egress of residents from the facility.

(26) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).

(27) Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health provider as described on the MAYSI-2 reference card.

(28) Premises--One or more buildings together with their grounds or other appurtenances.

(29) Program Hours--The time period when the facility schedules activities for the resident population.

(30) Qualified Individual--A person who may supervise residents when working with residents in a capacity that relates to the person's qualifications.

(31) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the definition of a qualified mental health professional in the administrative rules adopted by the Texas Department of State Health Services.

(32) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed or redesigned as a housing unit.

(33) Resident--A juvenile who is placed in the non-secure correctional facility.

(34) Riot--A situation in which three or more residents in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.

(35) Safety Data Sheet--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.

(36) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.

(37) Single-Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and individual resident sleeping quarters.

(38) TJJD--The Texas Juvenile Justice Department.

(39) Volunteer--An individual who agrees to perform services without compensation and may have regular or periodic supervised contact with juveniles under the direction of the non-secure correctional facility.

(40) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph:

(A) "Deviate sexual intercourse" means:

(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or

(ii) the penetration of the genitals or the anus of another person with an object.

(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or

(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.

Source Note: The provisions of this §355.100 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701